2020 QCCQ 9884, 2020 QCCQ 9884

Protection de la jeunesse — 201465 2020 QCCQ 9884 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 640-41-002216-189 DATE: January 23, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCIE GODIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , duly authorized by the Director Youth Protection A. APPLICANT and X, born on [...], 2013 CHILD and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR c. P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (The Director) submitted an application for the extension of a decision rendered on January 17, 2019, ordering various assistance measures including a follow-up by Social Services and ordering that the child receive specific healthcare and services required by his situation as well as a follow-up by a speech therapist until the same date. [ 2 ] The Director alleged a long series of facts, this judgment refers to those facts. [ 3 ] The Director recommends that the Court entrust de child to the foster home of Mrs.

C until the age of majority, [...], 2031 and that it order several assistance measures including a follow-up by Social Services for the same period. [ 4 ] The mother consents to the recommendations. She recognizes that her son has specific health needs and that she is not in a situation to provide for his needs. [ 5 ] The evidence reveals the following facts : [ 6 ] The child is six years old. [ 7 ] On January 2, 2019, the child was entrusted to a native family, namely Mrs.

C, on the Reserve A, close to Town A. [ 8 ] The child displays health issues, namely Septo-optic dysplasia with growth-hormone deficiency and hypo-thyroidism. On a daily basis, the child must receive an injection in order to have the growth hormones necessary for his development. He must eat 3 to 4 meals a day, rich in protein. In order to monitor the child’s blood glucose, 4 blood glucose tests should be taken at various times of the day. A low blood sugar level is considered life threatening. [ 9 ] The child has a speech delay; he will require some special services.

Therefore, once the speech therapist will finalize the report, the specialized program and follow-up will start. [ 10 ] The child listens well to his foster mother. The Social Worker was able to observe the chemistry they both have. The child shows that he is dependant of his foster mother, Mrs. C for his primary needs such as eating, medication and simply comfort. [ 11 ] The child has a stable routine with his foster mother who is able to provide him with such a routine that meets his special needs. The child is attached to his foster family, namely Mrs. C, her spouse and their child, and so are they.

They wish to take care of him until his majority.

[ 12 ] The child is doing very well in school. [ 13 ] He meets with his pediatrician every six months and he sees his endocrinology specialist every three months. [ 14 ] The foster mother received training in order to respond to all the child’s specific needs.

He is developing well under her care. [ 15 ] The mother displays alcohol related problems. [ 16 ] In September 2019, the mother gave birth to a new infant and the child was traditionally adopted. [ 17 ] The father is not regularly involved in the life of the child. [ 18 ] The child has been exposed to grave negligence for a long time, however he is a curious and funny child, happy most of the time. He loves spending time at school and playing hockey.

He is describes as an enthusiastic, participative and sociable child. [ 19 ] Both parents agree that the child needs to remain in his current foster family in order for his needs to be fully met. [ 20 ] The child having a precarious state of health and specific health needs requires specific care giving on a daily basis throughout his life. He must have a stable environment where he will always be able to find responsible people present for him. Mrs.

C is capable of offering him a positive chance to grow and to develop in a healthy way and she wishes to offer him a stable life plan in her home. [ 21 ] Given the age of the child, his needs, his vulnerability, his need for stability and the fact that the mother consents that he be entrusted to his current foster family until his age of majority, the Court concludes that all the recommendations are in the best interest in the child.

THEREFORE, THE COURT: [ 22 ] GRANTS this application; [ 23 ] DECLARES that security and development of the child are still in danger; MEASURES: [ 24 ] ORDERS that the child be entrusted to the foster family of C until his age of majority; [ 25 ] ORDERS the child and child’s parents to take an active

part in the application of the measures that are ordered by the Tribunal; [ 26 ] ORDERS that the child receive specific health care and health services required by his situation; [ 27 ] ORDERS that the parents remain sober in the presence of the child; [ 28 ] ORDERS that the parents remain without any violent behavior in the presence of the child; [ 29 ] ORDERS that the parents seek help through the Social Services concerning their personal issues; [ 30 ] ORDERS that frequency and modalities of contact between the child and his parents be agreed upon amongst all parties and ORDERS supervision of these contacts if deemed necessary; [ 31 ] ENCOURAGES all the contacts between the child, his parents and his siblings in order to maintain the link with his family; [ 32 ] ORDERS that aid, counselling and assistance be provided to the child and his family; [ 33 ] THE WHOLE until [...], 2031; [ 34 ] ENTRUSTS the situation of the child to the Director of Youth Protection A who shall see that the measures are carried out.

Signed in Town B, on March ……, 2020 ________________________________ LUCIE GODIN, J.C.Q. Mtre. Karianne Asselin Cain Lamarre – Town C Attorney for the applicant Mtre. Laurence Migué Legal Aid Office – Town C Attorney for the adolescent

Mtre. Alexander Grey (en remplacement de Mtre. Angèle Tommasel) Yves Ménard avocats inc. Attorney for the mother Mr. B Father, not represented Date of hearing: January 23, 2020